Will I Have to Go to Court For My Divorce?

Will I Have to Go to Court For My Divorce?

There are many things that people fear when it comes to a divorce, including the possibility that they may be subjected to a long, strenuous, and expensive courtroom battle. For many people, the fear of this obstacle could be what keeps them living in an unhappy marriage when their quality of life could improve dramatically if they were to separate. If this sounds like you and your family situation, then our Westlake Village divorce attorney has some good news: you may be able to obtain a divorce without ever needing to set foot inside a courtroom, thanks to what is known as uncontested divorce.

What is Uncontested Divorce?

When most people think of a divorce, they think of a legal process in which they both go to court along with their lawyers, present their arguments, and a judge ultimately gives a ruling for everything from property division to child custody to spousal support. This is known as a “contested divorce, and is what a divorce can look like. However, getting a judge involved rarely means both parties and any children involved get the agreement that best fits their situation, and usually leads to a lot of unhappy endings.

An uncontested divorce takes an entirely different approach to the divorce process in order to come to a conclusion that is custom-tailored to your family and sets you up for the best future going forward. In an uncontested divorce, both parties agree to meet and work out the terms of their divorce on their own, without the courts getting involved. Once these terms are created, they are presented to a judge, who will sign off on the agreement and make it legally enforceable so long as it is fair and mutually beneficial for all parties involved, including the children.

Is Uncontested Divorce Right for Me?

In a best-case scenario, the marriage ends in a way that leaves both the entire family (including children) set up to have the best possible future. However, this solution only works when both spouses can come to a fair agreement on all terms of their marriage without the court’s intervening. If both parties can’t come to an agreement on even a single term, then they have no choice but to file a contested divorce, which will lead to a courtroom visit.

Filing for uncontested divorce requires both spouses to want to come to fair and mutually-beneficial terms of dissolution, and they must be able to put aside their differences and genuinely work together in order to reach this goal. If you and your spouse can’t so much as look at each other without starting an argument, then this is definitely not the right choice for you: you’ll be wasting a lot of time and money trying to make this work, and a judge will inevitably need to get involved anyway.

Uncontested divorce isn’t necessarily the easy way out from a marriage, either. You will still be required to wait the state-mandated minimum of six months to finalize your divorce, even if you find a perfect solution within the first week or two. Also, even without court visits, uncontested divorce can also be stressful and contentious, requiring numerous negotiation or mediation sessions in order to plan out your separate futures, particularly if children are involved. However, for those who can work their way through this process together, the results often leave both parties happier and better prepared for the future than any court-decided marriage ever could.

If you would like more information regarding uncontested divorce, or valuable assistance creating your agreement, my skilled team and I can help! My name is Jeffrey S. Graff, and I can offer you more than 30 years of experience helping people like you find the ideal solution to their family law issues. I have helped numerous clients through every step of the divorce process, including uncontested divorces. My insight into these matters is helpful to each of my clients, no matter how simple or complex their divorce may be, and my dedication to excellence has earned me a reputation as one of the premiere representatives in the area.

Get help with your case now! Call my firm by dialing 805-633-4999 to request a free consultation!
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